Universities have long been spaces for political discourse, debate, and activism. But in today’s polarized climate, students, faculty, and staff may wonder if expressing political views on campus can lead to serious consequences like expulsion or termination. If you are facing disciplinary action for political speech, it is essential to…
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Facing disciplinary action at a college or university can be overwhelming, especially if you believe the process was unfair. Students accused of misconduct often face inadequate or one-sided procedures that lack due process. If you believe you’ve been subjected to an unfair disciplinary process on campus, please continue reading and…
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College campuses have long been centers for activism, debate, and political expression. Whether protesting government policies, university decisions, or social issues, students have the right to express themselves consistent with the First Amendment or, at private universities, with university policy. However, universities—particularly public institutions—must balance free expression with campus order.…
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Free speech is a cornerstone of higher education, fostering intellectual debate and academic discovery. However, the rights of professors and students are not identical when it comes to free speech, especially in the context of public universities. Professors face unique legal standards that balance their roles as educators and employees…
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Compelled speech is a complex and often misunderstood concept in the realm of free expression, particularly in higher education. It refers to situations where the government (including governmental entities such as state universities) requires you to express ideas or beliefs you may not agree with, and it can be a…
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Free speech is a fundamental right in higher education, but its scope and protections vary significantly between public and private universities. Understanding these differences is essential for students facing censorship or punishment of their speech on campus. Continue reading and reach out to the academic freedom lawyers here at Allen…
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Last month, a Pennsylvania federal judge denied Carnegie Mellon University’s motion to dismiss Title VI discrimination and retaliation claims brought by a Jewish student alleging that she was subjected to antisemitic discrimination at the university*. This is an important ruling, particularly in light of the rise in antisemitism on campus…
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Facing a disciplinary hearing under Title IX can be daunting for students accused of sexual misconduct, dating violence, stalking, or other Title IX violations. The outcome of such hearings can significantly impact your academic future, reputation, and career. Read this blog and reach out to a skilled Title IX lawyer…
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Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination at educational institutions that receive federal funding – which includes nearly all universities, both public and private. While most people associate Title IX with addressing sexual harassment or assault in schools, the law also…
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Title IX is a federal law that prohibits sex discrimination at educational institutions that receive federal funding – which includes nearly all universities, both public and private. While its purpose is straightforward, many misconceptions surround Title IX, particularly regarding its rights and protections. These misunderstandings can leave students confused about…
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Universities have conduct codes regulating student behavior, but when student misconduct occurs off-campus, the extent of a university’s authority to impose discipline becomes a nuanced issue. Read this blog and speak with our Title IX lawyers to learn about the complexities of university jurisdiction over off-campus conduct, the rights students…
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In a university setting, professors often balance teaching responsibilities with their own freedom of expression. But when it comes to topics that may provoke strong reactions, what rights do professors have to freely express their views within the classroom? Continue reading to learn about the boundaries of professors' free speech…
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Facing a sexual misconduct allegation in college can be overwhelming, especially given the seriousness of these cases and their potential impact on your future. College students may feel confused, frightened, or unsure about where to turn. Knowing how to navigate this process and understanding your rights is paramount. Continue reading…
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Facing a misconduct process in college can be a stressful experience for students. Whether the allegations involve academic dishonesty, student conduct code violations, or more serious allegations like sexual misconduct, students often find themselves navigating unfamiliar territory. It’s essential for students to understand that they have rights throughout this process,…
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A university sexual misconduct case is a complex and emotionally charged process. For both the accuser and the accused, understanding the process universities use to decide these cases is crucial. Read on and reach out to our student sexual misconduct lawyers to learn about how universities handle these cases, what…
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Free speech plays an essential role in fostering intellectual growth and open dialogue on college campuses. Universities are meant to be spaces where ideas can be exchanged, debated, and critiqued. However, the balance between maintaining an open forum for expression and ensuring a safe, respectful learning environment is often difficult…
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Recently, Attorney Samantha Harris delivered a lecture at Ursinus College titled “Antisemitism, Anti-Zionism, and Freedom of Speech: Navigating the Post-10/7 Landscape.” Part of the Jewish Life Series, her talk explored the complex relationship between free speech and antisemitism in the current political climate. Harris emphasized the need for nuanced dialogue…
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Legal challenges to the Biden administration’s new Title IX regulations have been knocking out the regulations in state after state. As of now, every lawsuit challenging the regulations which has resulted in a ruling has yielded an order halting their implementation. But here’s the rub: the losses by the Biden…
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Attorney Michael Thad Allen of Allen Harris Law was recently interviewed, by Daniel Nuccio of The College Fix, in an article titled, "Historian turned lawyer finds second career suing 'ridiculous, clearly out of control universities.'" In the article, Mr. Allen overviews the career he established for himself as a lawyer…
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We are proud to announce that Attorney Kellie Miller, of Allen Harris Law, successfully represented Dr. Michael Joyner in a significant case against the Mayo Clinic. The recent ruling allowed Dr. Joyner’s lawsuit to proceed, highlighting issues with academic freedom and retaliation. Miller emphasized that Mayo’s stance undermines true academic…
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The United States District Court for the Middle District of Florida ruled Monday in a decision by Judge Carlos Mendoza (an Obama appointee) that five administrators at the University of Central Florida may be personally liable for retaliating against Professor Charles Negy after he exercised his First Amendment right to…
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Andrew Cavarno continues to make a name for himself as a formidable advocate for students in campus disciplinary proceedings. Within just the last few months alone, Andrew has secured an uninterrupted series of victories that underscore exceptional skills as a higher education attorney and dedication to Allen Harris’s clients. Develop…
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In an interview with Blake Mauro of The College Fix, Kellie Miller, Esq. updates on her ongoing trial representing Dr. Michael Joyner, who is suing the Mayo Clinic College of Medicine, where he was a longtime professor of anesthesiology. Specifically, the institution punished him for sharing his contrarian views with…
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The Department of Education is on the verge of rolling out new Title IX regulations that — if implemented as written — would be a huge setback for due process and fair procedure on campus. To explain why, a bit of background is necessary. “Title IX” refers to Title IX…
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In our representation of students accused of sexual misconduct on campus, we have recently begun to see investigators and decision-makers apply a legal doctrine – called the “outcry witness” doctrine -- intended to protect child victims to cases involving adults. This is yet another example both of how colleges infantilize…
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Allen Harris' case, De Piero v. Penn State University, was recently featured by Conor Friedersdorf in The Atlantic. De Piero, who is white, was a professor of composition at Pennsylvania State University Abington. His complaint alleged discrimination on the basis of race due to a constant drumbeat of so-called "diversity,…
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Allen Harris’ newest associate, Attorney Andrew Cavarno, showcased his top-notch representation skills and dedication to due process by clearing an international student falsely accused of a Title IX violation. The student, a Chinese national, was enrolled in a graduate program at a top-ten university, where he is now free to…
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Recently, Attorney Michael Thad Allen of Allen Harris Law appeared in a webinar titled, "Standing Up for Freedom of Speech and True Anti-Racism on Campus: Tabia Lee Case Updates." This webinar was sponsored by the Foundation Against Intolerance and Racism (FAIR), and Mr. Allen was joined by Dr. Tabia Lee…
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In an interview with Kristine Parks of FOX News, Kellie Miller, Esq. speaks about the legal complaint by Dr. Micharl J. Joyner against the Mayo Clinic, in which he argues the health clinic violated his free speech rights. More specifically, Joyner claims that he was "silenced and punished" by the…
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On October 3, 2023, Allen Harris PLLC — along with local counsel Jonathan Vogel of Vogel Law PLLC — filed a petition for a writ of certiorari asking the Supreme Court to overturn a ruling of the U.S. Court of Appeals for the Fourth Circuit that dramatically limits the free…
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The Fifth Circuit Court of Appeals has handed down another defeat to the University of North Texas and a victory to Allen Harris in a lawsuit defending the First Amendment rights of Professor Timothy Jackson, after UNT shut down his journal, The Journal of Schenkerian Studies. The decision can be…
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This week, Allen Harris sent an open letter to Dr. Michael Lauer, Deputy Director of Extramural Research at the National Institutes of Health. Dr. Lauer is an accomplished American cardiologist and scientist, and he serves the NIH as the principal scientific leader and advisor on all matters relating to the…
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Recently, the New York Post featured an article about attorneys Mike Allen and Samantha Harris, of Allen Harris Law, titled, "Meet the go-to lawyers for cancel culture victims: ‘Standing up for free speech.'" In the article, Mike Allen and Samantha Harris discuss prominent cases they've handled in the past and…
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In an interview with Elizabeth Cohen of CNN, Kellie Miller, Esq. speaks about the dozens of professors from Harvard, Yale, Columbia, and other universities who wrote a letter to the Mayo Clinic in protest to the suspension of Dr. Micharl J. Joyner, who expressed criticism toward the National Institute of…
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In an interview with Ryan Quinn of Insider Higher Education, Kellie Miller, Esq. speaks on her representation of Dr. Michael J. Joyner of the Mayo Clinic, who is being threatened with termination after interviews he gave to CNN and The New York Times. In this case, Dr. Carlos B. Mantilla…
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In an interview with Emma Green of The New Yorker, Michael Thad Allen, Esq. and Samantha Harris, Esq. of Allen Harris Law discuss their participation in the Gathering of Thought Criminals, which is a monthly, private hangout in New York City where individuals from media, academia, and other intellectual circles…
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One of the most frustrating things students and faculty members face in campus proceedings is the lack of information they are routinely given about their supposed offenses. Ohio Northern University law professor Scott Gerber, an Allen Harris client, took to the Wall Street Journal today to tell the outrageous story…
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The Chronicle of Higher Education just ran a full-length article on accusations against the Pulitzer Prize-winning author and professor Junot Diaz. His story serves as a good (if very high profile) example of what we at Allen Harris call “mobbing” campaigns on campus. Mobbing is when, based on one accusation,…
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Last Friday, Allen Harris attorney Robert Shibley, representing the Foundation for Individual Rights and Expression (FIRE), filed an amicus brief with the United States Court of Appeals for the Seventh Circuit in support of a student accused in a Title IX campus proceeding. The case, Doe v. Loyola University Chicago,…
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In an interview with Rikki Schlott of The Free Press, Michael Thad Allen, Esq. of Allen Harris Law addresses diversity, equity, and inclusion (DEI) initiatives in fine arts institutions and foundations. Mr. Allen pointed out that any theater attempting to implement DEI demands could find itself at the other end…
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Attorney Robert Shibley of Allen Harris Law was featured on an episode of Dr. Phil called "You Can't Post That!" regarding the issue of free speech and self-censorship among Americans in recent times. To watch the clip in full, simply click here.
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Michael Chabon’s Most Accurate Academic Movie Ever Made Those interested in a humorous romp through a dysfunctional college’s administration might pick up the novel Wonder Boys by Michael Chabon. Chabon published Wonder Boys in 1995, early in his career before going on to win the Pulitzer Prize for fiction in…
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Right before Christmas 2022, the First Circuit Court of Appeals reinstated a case by a student at Stonehill College, a small school of less than 2,500 students in Easton, Massachusetts who had sued after being expelled by a Title IX campus court. The First Circuit reversed the decision of the…
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I. The Tyranny of the Campus HR Department At Allen Harris, we are seeing an increasing trend that attacks faculty rights on campus. Colleges and universities are ceding supervision of faculty to their human resource departments. It is a growing trend that students and colleagues routinely weaponize petty grievances to…
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A disturbing new survey released late last month, conducted by McLaughlin & Associates for the William F. Buckley, Jr. Program at Yale, found that college students were surprisingly willing to say that violence might be an appropriate reaction to “hateful” views. Worse, responses to one of the questions suggest that…
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As college students prepare for Halloween parties, college administrators send out predictable warnings about the importance of not offending anyone with a Halloween costume. Whitman College, for example, cautions against anything that might “trivialize human suffering or oppression” – like a prisoner costume. The University of Nebraska and the University…
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A Massachusetts family recently scored a huge win for students against the Governor’s Academy (formerly known as the Governor Dummer Academy), a private New England high school, for breach of contract and violation of Title IX. Lawsuits against private high schools are notoriously difficult. Private high schools can expel students…
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Last Friday saw a huge legal development in the area of First Amendment law and its application to social media platforms like Twitter, Facebook, and YouTube. The United States Court of Appeals for the Fifth Circuit, which is the federal appeals court covering Texas, Louisiana, and Mississippi, issued its long-awaited…
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On Monday, Allen Harris submitted a comment on the Department of Education’s proposed new Title IX regulations. The proposed regulations would undo many of the changes that went into effect in 2020 when the Department of Education issued Title IX regulations that protect due process and free speech protections for…
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Allen Harris is thrilled to announce that Robert L. Shibley, Esq., has joined our firm. Prior to joining Allen Harris, Robert was the Executive Director of the Foundation for Individual Rights and Expression (FIRE), where he advocated for the free speech and due process rights of students and faculty members…
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As high school graduates head to campuses around the country for their first year of college, they need to be aware not only of the excitement that lies ahead but also of the risks. The fall semester of freshman year is a time when many allegations of sexual assault occur.…
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Decision allows case to proceed against the Frederick Gunn School for expelling student who cursed at his football coach after benching and berating him during final game LITCHFIELD, Conn., February 16, 2022 --- In a ruling exposing the lack of due process at one of the country’s elite private schools,…
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Recently, an Allen Harris case was again recognized in the New York Times in a Jan. 25, 2022 opinion piece by John McWhorter. The case involves University of North Texas music theory professor Timothy Jackson. In July 2020, he became the victim of backlash and calls to step down for…
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Professor Timothy Jackson of the University of North Texas (UNT), who was wrongfully accused of being a racist for defending music theorist Heinrich Schenker, recently won a preliminary battle in the courts, as District Judge Amos L. Mazzant decisively rejected UNT’s request for a summary dismissal of Jackson’s defamation lawsuit…
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Colleges and universities offer a wide array of courses, many of them touching on controversial issues such as racism and sexism. Professors who teach these courses necessarily have to teach material that can be challenging and often painful to read. Until recently, this was generally considered a necessary part of…
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A federal district court in Florida recently ruled that a student’s lawsuit against Embry-Riddle Aeronautical University (ERAU) could proceed to trial, citing evidence that the university acted in a biased manner when addressing a claim of sexual assault against a male ERAU student. Like many allegations of campus sexual misconduct,…
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The Supreme Court has called America’s colleges and universities “one of the vital centers for the Nation’s intellectual life,” where “free speech and creative inquiry” are of the utmost importance. But can you exercise that right at your college or university without fear of censorship or punishment? According to a…
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Allen Harris Law’s Samantha Harris was recently featured in an article about Timothy Keiderling, a graduate student at Princeton Theological Seminary who fought back against PTS’s efforts to make him attend so-called “anti-racist” trainings that conflicted with his religious beliefs – and won. PTS required its students to participate in…
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Allen Harris Law’s Michael Thad Allen was in the news recently for representing Timothy Jackson. Timothy Jackson is a University of North Texas professor who was accused of “racist acts” and of fomenting a racist academic attack on a fellow music theorist. Timothy Jackson is a tenured music professor, the…
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With students returning to campus – some for the first time since the Covid-19 pandemic sent many students home for remote learning – there is likely to be an uptick in accusations of sexual misconduct as students begin socializing again. Campus disciplinary proceedings are often very unfair, so if you…
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Kimberly Diel, a University of Tennessee pharmacy student, recently filed a first amendment lawsuit against the school, alleging the university expelled her because she posted on her private, personal social accounts the school deemed too sexual. The pharmacy school complained that this was “unprofessional.” It is all too common that…
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Judge Michael Shea of the Federal District Court of Connecticut has ordered the University of Connecticut to pay Attorney Michael Thad Allen over $63,000 in reasonable attorney fees due to the university’s violation of a student’s due process rights in a sexual misconduct hearing. Attorney Allen sued on behalf of…
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Students educational records just became much less private, at least at state universities. The University of North Carolina at Chapel Hill recently appealed a decision of the state supreme court all the way to the United States Supreme Court. The North Carolina ruling required UNC to release disciplinary records of…
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In December, the U.S. Department of Education announced the implementation of a new “free speech hotline” for students and faculty members to file complaints about free speech violations at colleges and universities. The “hotline” is not so much a hotline in the traditional sense. Instead an email account freespeech@ed.gov managed…
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The University of Michigan recently secured a significant victory in a Title IX case that split judges on the Sixth Circuit Court of Appeals. In an 8-6 en banc decision, the court overruled the decision of a three-judge panel and found that the university had responded adequately to an alleged…
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Federal judge William Young of the Federal District Court for Massachusetts indicated he may strike down part of the rule implemented by Education Secretary Betsy DeVos regarding how schools are required to respond to sexual misconduct allegations under Title IX. The regulations implemented August 14, 2020 require universities to allow…
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The new Title IX rules instituted on August 14, 2020 guarantee more due process rights to both the accused and to accusers. Still, colleges and universities that fought the new regulations tooth and nail, wish to keep applying their old rules as long as they can. Recently, the United States…
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The United States Supreme Court will hear a case pitting a pair of Georgia Gwinnett College students against campus administrators. At issue is whether it is legal to confine free speech on public campuses to so-called “free speech” zones. These zones are often minuscule and clearly meant to send the…
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Supreme Court Justice Ruth Bader Ginsburg, who died September 18, 2020 at the age of 87, was famous for her staunch feminist support of Title IX rights—including the due process rights that protect the accused and alleged victims alike. The justice, fondly known in pop culture as “Notorious RBG,” has…
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Read the decision: Order to Disclose Campus Advisor Records The US District Court for the Northern District of New York has just ordered Syracuse University to hand over the records of a campus “advisor” who gave procedural advice to the complainant in its Title IX proceedings after the judge found…
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The topic of free speech is one of the most contentious issues in liberal societies.Many people know that free speech is enshrined in the First Amendment but there's still a lot about it that many still misunderstand so let's read on. The widespread protests surrounding issues of systemic racism have…
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By Jonathan B. Orleans and Michael Thad Allen The first formal changes to Title IX’s implementing regulations in 45 years are here, and they are significant. The federal statute, which prohibits sex discrimination in educational programs receiving federal financial assistance, had its earliest impacts on intercollegiate athletics. But since the…
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With widespread protests around the nation in the wake of the killing of George Floyd by a Minneapolis police officer, free speech of and on campus is once again at the forefront. Even though almost all schools are now closed, and almost all speech and the actions of students and…
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The nation’s colleges and universities were already struggling financially even before the COVID-19 pandemic hit. Now, with a sudden shift to online schooling and students no longer on campus, a difficult situation has become dire. According to Christina Paxson, President of Brown University, “A lot of [colleges] were teetering on…
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An increasing number of universities have been offering online classes in recent years, but now due to the COVID-19 pandemic, virtual classrooms are the only classrooms. This has become the sudden necessary reality for every university in the country. With entire student bodies now taking classes and completing tests remotely,…
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Title IX is a federal law that prohibits sex discrimination.Courts have consistently found that student-on-student sexual harassment is sex-based discrimination and that the university can be held responsible for it if the university remains “deliberately indifferent.” This means paying students damages if they are victimized on campus, but the University…
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Education secretary Betsy DeVos has been in the news again—this time, calling for strengthening Title IX enforcement in K-12 schools as a response to increasing sexual misconduct and harassment allegations in elementary through high schools. DeVos’ office is particularly concerned about claims in which a teacher harassed or assaulted a…
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In February 2019, three female Yale students, Anna McNeil ’20, Ry Walker ’20 and Ellie Singer ’21, filed a lawsuit against Yale University, arguing that fraternities should be required to admit women and nonbinary students under Title IX as well as the Fair Housing Act. In May 2019, an on-campus…
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Last week, the United States District Court for the Northern District of New York shot down Syracuse University’s attempt to dismiss the Complaint of “John Doe,” who sued the university for unfairly expelling him in 2017. This is a major victory for Allen Law LLC’s client, John Doe, who is…
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The University of Connecticut expelled a male student for an allegedly nonconsensual sexual encounter with a female student. But now a judge has issued a temporary restraining order to halt the student's removal, on the grounds that the university's investigation was wildly unfair. The Foundation for Individual Rights in Education…
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As reported in the Hartford Courant on Saturday, Attorney Michael Thad Allen of Allen Law LLC successfully argued in the District Court for the United States District of Connecticut that the University of Connecticut denied his client, identified only as John Doe, his constitutional rights to due process. The decision,…
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How broadly does the First Amendment’s free speech clause apply to students? This is a question that American courts have been interpreting for quite some time. Social media has made it more complicated. The First Amendment guarantees the right to free speech without government interference—with certain limits that are designed…
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As medicinal and recreational cannabis is becoming legal in more and more states, students are under the assumption that they can use medical marijuana on campus. It’s a fair assumption, especially if your state has legalized both medical and recreational use. Except your school most likely disagrees. Its phalanx of…
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The Sixth Circuit Court of Appeals just reversed a lower court in a university plagiarism case against a disabled student. The school expelled a medical student over accusations of cheating. It ignored two doctors and the student’s own protests that the behavior he was accused of was a manifestation of…
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Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate…
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Plaintiffs claiming they were wrongly expelled for false allegations of sexual misconduct in colleges and universities have repeatedly challenged so-called “trauma informed” interview techniques. Their challenges most often fail: three times in the Federal District Court of Colorado and once each in the Southern District Court of Iowa, the Southern…
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If your employer or school punishes you for legally using marijuana, you can just say, “No.” No to discrimination against you under state medical marijuana statutes. States are increasingly edging towards the complete legalization of marijuana. Almost half have made medical marijuana legal. Some, including Connecticut, Rhode Island, and New…
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When issues of gender discrimination arise in the school system, discussion of Title IX isn’t far behind. From athletics to classrooms and across other extracurricular departments, Title IX is a pivotal piece of legislature that protects your right to be free from gender discrimination. Title IX is part of the…
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Here Are Three Take-Home Lessons for Campus Sexual Assault and Title IX Cases The American Bar Association just rejected a proposal to incorporate “affirmative consent” into American criminal law. There are three take away points for campus rules regulating sexual assault and Title IX enforcement: “Affirmative consent” rules lie far…
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In a Cyberbullying attack, the aggressor’s objective is to harm the credibility of the victim and damage their psychological well being, but the Cyberbully’s aim is also more than personal. They seek to damage the reputation and social standing of the victim in the community at large. Cyberbullies are known…
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Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case At the end of June as the dog days of summer began, a three-Judge panel, all women judges of the 7th Circuit Court of Appeals, ruled against Purdue University. The Appeals Court decided in favor of a male…
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As a student at the university level, conduct is as important as academic excellence. While you are on your journey to becoming a professional and an adult, you may have found yourself in a situation that warrants learning more about student misconduct. Unfortunately, situations arise where a student fails to…
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In February, a male swimmer from Fishers, Indiana was allowed to compete in the state swimming championship meet despite three accusations of sexual harassment by female members of his own swim team. At most high schools, boys’ and girls’ swimming teams practice together and compete at the same meets. But…
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Federal Law Gives Your Student the Right to His or Her Student File Be aware of both your rights and their limitations under the Family Educational Rights and Privacy Act (FERPA). If you are familiar with FERPA in the context of grade school and high school, things change in college.…
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Marshall University of West Virginia has settled a lawsuit with a former freshman student who alleged that the university’s Title IX judiciary bungled her complaint of a rape that occurred in her residence hall. A witness, also in the room, corroborated the student’s account that she withdrew consent by repeatedly…
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A study conducted every three years by UCLA’s Higher Education Research Institute shows that professors throughout the United States are deeply concerned about discrimination and bias on campus. At the same time, the HERI survey shows that professors do not believe they are prepared to deal with these kinds of…
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Colleges and universities often walk a fine line when it comes to free speech. Institutes of higher education promote themselves as places where students go to debate and refine ideas and opinions. Ideally, this creates an enriching experience for all involved. But many schools place limits on acceptable discourse in…
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The Attorneys General of 18 states collectively submitted an extensive 72-page comment opposing rules proposed by the Department of Education for Title IX, the federal statute prohibiting discrimination on the basis of sex in education. Led by the Commonwealth of Pennsylvania (Josh Shapiro), California (Xavier Becerra), and New Jersey (Gurbir…
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Allen Law LLC has sued Syracuse University on behalf of a graduate student following his expulsion for alleged sexual misconduct. The plaintiff, referred to anonymously as John Doe, claims the Title IX investigation was biased and that the sanctions imposed were unfair. Filed on Monday, Feb. 12, this is the…
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Connecticut College has a unique Honor Code in which a select group of students disciplines their peers. However, a self-standing quasi-judiciary handles Title IX sexual misconduct violations under a separate system. College enrollment is just over 1,800 students. Despite this small student body, Conn College received 12 reports of rape,…
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